P. v. Clancey 1/10/12 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H036501

Case Date: 04/11/2012

Preview:Filed 1/10/12

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Appellant, v. WESLEY CIAN CLANCEY, Defendant and Respondent.

H036501 (Santa Clara County Super. Ct. Nos. C1072166, C1073855)

The trial court made an offer to defendant Wesley Cian Clancey, over the prosecutors objection, that, if defendant admitted all of the charges and allegations, the trial court would grant his motion to strike a strike and would impose a five-year state prison term or allow defendant to withdraw his pleas and admissions. The issue before us in this case is whether this was an unlawful judicial plea bargain or a lawful "indicated sentence." We conclude that the trial court engaged in unlawful judicial plea bargaining. Consequently, we reverse the judgment and vacate defendants pleas and admissions.

I. Background Defendant was charged by complaint in one case with two counts of forgery (Pen. Code,

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